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Articles by Diane Roldán
California Court of Appeal Confirms McDonnell-Douglas Burden Shifting Applies to Section 1278.5 Whistleblower Retaliation Claims | JD Supra
In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5. For claims made alleging violations of Labor Code Section 1102.5 and the California Whistleblower Protection Act, the Scheer Court confirmed that the more plaintiff-friendly standard announced in the recent Supreme Court decision of Lawson v.
CMS Proposes Rate Changes and New Nursing Staffing Rules That Will Significantly Impact Skilled Nursing Facilities
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California Allows Health Care Workers To Defer Mandated Booster Shot Based on Recent Infection | JD Supra
On February 22, 2022, the California Department of Public Health (CDPH) announced that vaccinated health care workers with documented recent infection will be allowed to defer booster shot by up to 90 days from infection. This February 22 order is the CDPH’s most recent amendment to its orders on August 5 and December 22, 2021, which require California health care workers to become fully vaccinated and boosted by March 1, 2022, unless exempt.
California Supreme Court Issues Key Decision on Peer Review Hearing Officer Bias in Natarajan V. Dignity Health | JD Supra
In Natarajan v. Dignity Health, the Supreme Court rejected a physician’s challenge to a peer review hearing officer based on alleged financial bias. In doing so, the Court gave hospitals helpful and long-needed guidance regarding such challenges. What to Know Dr. Natarajan argued that his hearing officer was impermissibly biased, due to the possibility that another medical staff in the same hospital system might hire him for future work.
California Mandates COVID-19 Vaccinations for All Non-Exempt Hospital Workers by September 30 | JD Supra
By September 30, all hospital workers—including physicians—must be vaccinated. As COVID-19’s Delta variant surges across California, the California Department of Public Health (CDPH) again took action to help curtail the transmission of COVID-19 to vulnerable populations. Effective August 5, 2021, with full compliance required by September 30, 2021, all California hospital workers must be fully vaccinated, unless they are exempt for a religious or qualifying medical reason.
Speech v. Actions: California Supreme Court Issues Anti-SLAPP Decision with Significant Effect on Medical Staff Peer Review and Beyond | JD Supra
On July 29, 2021, the California Supreme Court issued a major anti-SLAPP decision in Bonni v. St. Joseph Health System et al. The decision is both encouraging and disappointing for California medical staffs and the hospitals where they serve. Arent Fox LLP has represented Defendants, St. Joseph Health System et al., in this matter from its inception through proceedings in the California Supreme Court. What to Know The California Supreme Court’s decision in Bonni v. St. Joseph Health System et al.
HHS to Permit Retired and Out-of-State Nurses and Doctors to Administer COVID-19 Vaccines | JD Supra
The Department of Health and Human Services (HHS) is working to dramatically increase the number of available vaccinators who may administer COVID-19 shots. At a press briefing held on January 27, 2021, White House COVID-19 Response Coordinator Jeff Zients announced that HHS will use the Public Readiness and Emergency Preparedness Act (PREP Act) to allow retired nurses and physicians to administer COVID-19 vaccines.
Searching for Safe Harbors? CMS-Sponsored Model Participants Receive Anti-Kickback Statute Protection | JD Supra
Enrolling in such a CMS-sponsored innovation model now has an added benefit: a new Anti-Kickback Statute (AKS) safe harbor. *This is the fourth article in a series analyzing recent updates to the Stark Law and Anti-Kickback Statute and their effects on health care providers. To request a copy of the entire series, click here.
Searching For Safe Harbors? CMS-Sponsored Model Participants Receive Anti-Kickback Statute Protection
United States: Searching For Safe Harbors? CMS-Sponsored Model Participants Receive Anti-Kickback Statute Protection 14 January 2021 Arent Fox LLP To print this article, all you need is to be registered or login on Mondaq.com. Enrolling in such a CMS-sponsored innovation model now has an added benefit: a new Anti-Kickback Statute (AKS) safe harbor. *This is the fourth article in a series analyzing recent updates to the Stark Law and Anti-Kickback Statute and their effects on health care providers.
Anti-Slapp’s “Public Interest” Requirement in Patient Care Context: It’s Not Just What You Say | JD Supra
On September 24, 2020, the California Court of Appeal shed additional light on meeting the public interest requirements in anti-SLAPP motions in its opinion of Murray v. Tran (Cal. Ct. App., Sept. 24, 2020, No. D076104). The decision instructs hospitals, medical staffs, and peer reviewers as to what types of communications will receive anti-SLAPP protections. Many communications related to physician competence or patient safety are protected under anti-SLAPP.
Update: Two Major Health Care Accrediting Organizations Will Resume Surveys in June 2020 | JD Supra
Accredited organizations should begin to prepare for the resumption of survey activity in a modified form. Organizations that are experiencing a COVID-19 surge or have other challenges may want to reach out to the accrediting organization to discuss the impact of survey activity at this time.
NPDB Reporting Deadlines Remain Firm Despite COVID-19 Emergency | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Federal Agency Sues Hospital Over Late Career Practitioner Policy | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Update: California Court of Appeal Orders Publication of Natarajan V. Dignity Health | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
USC Gynecologist Accused of Sexual Abuse Surrenders Medical License | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Anti-SLAPP Evolution Continues: California Supreme Court Confirms Anti-SLAPP Protection Can Apply to Retaliation and Discrimination Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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